Uttarakhand High Court
Ganesh Koli And Others vs State Of Uttarakhand And Another on 16 November, 2015
Author: Alok Singh
Bench: Alok Singh
C 482 No. 944 of 2013 Hon'ble Alok Singh, J.
Mr. M.K. Ray, Advocate for the petitioners.
Mr. Raman Kumar Sah, Deputy Advocate General for the State/ respondent no. 1.
Learned counsel for the petitioners, in view of the judgment passed by this Court in C 482 No. 842 of 2013 (Harsh Kapoor Vs. Komal Kapoor) reported in 2013 (2) UD 349, seeks permission to withdraw this petition with liberty to file criminal revision before the Sessions Judge, Udham Singh Nagar assailing the impugned summoning order. He, however, submits that revision shall be preferred by the petitioner within three weeks from today, therefore, same should be decided by the Sessions Judge, Udham Singh Nagar in accordance with law and should not be dismissed on the ground of limitation.
Permitted to be withdrawn with aforesaid liberty. However, it is clarified that if criminal revision is filed within three weeks from today, same shall not be dismissed by the Sessions Judge, Udham Singh Nagar on the ground of limitation and shall be decided by the Sessions Judge, Udham Singh Nagar at its own merit, in accordance with law.
(Alok Singh, J.) 16.11.2015 SKS